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(영문) 전주지방법원 군산지원 2013.05.29 2013고단281

공연음란

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 Highest 281] Around 08:35 on March 5, 2013, multiple elementary school students, including B (W, 11 years of age), were on the side side of the D Elementary School located in the Hasan-si, Ilsan-si, where the Defendant was passing for school attendance, and opened a window to the driver’s seat of his own E-to-pur vehicle and was self-deflued with one’s sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

[20] Around 08:25 on January 24, 2013, the Defendant, a number of female students, including F (F, 17 years of age), were standing in the Hasan-si G in the Hasan-si Hasan-si, G, where they were standing in the driver’s seat of the Habre-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed car, and was self-defluened with one’s sexual organ by opening the windows.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

[2013 Highest 281]

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each photograph (2013 Highest 320);

1. Defendant's legal statement;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not likely to have committed an obscene act by openly opening the window of a motor vehicle on the way that the defendant is attending school, but considering the circumstances, such as the fact that the defendant has a deep variety of errors and is expected not to repeat the crime by faithfully receiving a mental and medical treatment in the future, and that the defendant has no criminal record of the same kind other than the fine sentenced to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on February 4, 2005.